Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Latest Breaking News
In reply to the discussion: Assange could go to international court [View all]AntiFascist
(13,753 posts)26. I have to disagree with you again...
http://www.washingtonpost.com/wp-dyn/content/article/2010/11/29/AR2010112905973.html
Also, there may be an international loophole where international law dictates that extradition cases are to be decided on a case by case basis (presuming that this could override Sweden's domestic law?)
Wikileaks Founder Could be Charge under Espionage Act
"To the extent there are gaps in our laws," Holder continued, "we will move to close those gaps, which is not to say . . . that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that's ongoing." He did not indicate that Assange is being investigated for possible violations of the Espionage Act.
...
"But when it comes to Assange, Jeffrey H. Smith, a former CIA general counsel, said: "I'm confident that the Justice Department is figuring out how to prosecute him."
Smith noted that State Department general counsel Harold H. Koh had sent a letter to Assange on Saturday urging him not to release the cables, to return all classified material and to destroy all classified records from WikiLeaks databases.
"That language is not only the right thing to do policy-wise but puts the government in a position to prosecute him," Smith said. Under the Espionage Act, anyone who has "unauthorized possession to information relating to the national defense" and has reason to believe it could harm the United States may be prosecuted if he publishes it or "willfully" retains it when the government has demanded its return, Smith said."
"To the extent there are gaps in our laws," Holder continued, "we will move to close those gaps, which is not to say . . . that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that's ongoing." He did not indicate that Assange is being investigated for possible violations of the Espionage Act.
...
"But when it comes to Assange, Jeffrey H. Smith, a former CIA general counsel, said: "I'm confident that the Justice Department is figuring out how to prosecute him."
Smith noted that State Department general counsel Harold H. Koh had sent a letter to Assange on Saturday urging him not to release the cables, to return all classified material and to destroy all classified records from WikiLeaks databases.
"That language is not only the right thing to do policy-wise but puts the government in a position to prosecute him," Smith said. Under the Espionage Act, anyone who has "unauthorized possession to information relating to the national defense" and has reason to believe it could harm the United States may be prosecuted if he publishes it or "willfully" retains it when the government has demanded its return, Smith said."
Also, there may be an international loophole where international law dictates that extradition cases are to be decided on a case by case basis (presuming that this could override Sweden's domestic law?)
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
50 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
In practice countries pick and choose when they'll recognize international courts.
Posteritatis
Aug 2012
#8
Assange's legal team might want a quick peek at the Court's website before filing:
struggle4progress
Aug 2012
#6
The Spaniard Garzon is not Ecuador's representative but heads Assange's legal team:
struggle4progress
Aug 2012
#35
Assange will take UK to ‘World Court’ if not given safe passage to Ecuado
struggle4progress
Aug 2012
#38
Assange would argue that the "ordinary crime" alleged against him and the charge
JDPriestly
Aug 2012
#14
The Congressional Research Service examined Espionage Act grounds for seeking indictment.
Spider Jerusalem
Aug 2012
#31
"seeking to close gaps in the laws" = ex post facto and thus unconstitutional
Spider Jerusalem
Aug 2012
#37
Only if Assange promises to go into custody if the Swedish prosecutors decide to arrest him
hack89
Aug 2012
#17
If Ecuador and Assange refuse to recognize Sweden's right to arrest Assange if necessary
hack89
Aug 2012
#28
The ICJ decided in 1950 that diplomatic asylum only applied if both countries had already agreed
muriel_volestrangler
Aug 2012
#21